Evidence Law in the Ugandan Jurisdiction

11174 WordsFeb 24th, 201345 Pages

BURDEN OF PROOF AND STANDARD OF PROOF.
Under s. 4 of the Uganda Evidence Act, evidence may be given in any suit or proceeding of the existence or non-existence of every fact in issue and of such other facts as are declared to be relevant. C.D. Field has defined burden of proof as a metaphorical phrase indicating an obligation to prove a fact or facts. This obligation necessarily involves the adduction of evidence in an attempt to prove a fact, subject to occasional cases where a fact can be established without evidence.

Towards the end of the Nineteenth Century, Thayer maintained that the “words burden of proof” were used in two senses and that there was only one phrase for two ideas. One idea was the duty of him who will lose the case if…show more content…

It also includes tape recording which may not fall under any of the definitions. The admissibility of tape recording was first considered in R v Maqsud Ali.
A murder had been communicated and the two appellants voluntarily entered a room with a Police Superintendent and a Pakistani Liaison Officer. A microphone was installed in the room and connected to a Tape Recorder in another room. The recorder was switched on and the Superitendant and the Liaison Officer left. While the appellants were alone, they conversed in a Punjabi dialect and their conversation almost amounted to a full confession to the murder. The tape was kept in Police Custody but not all the appellants said it was clear as the recording contained several street voices. It was also not easy to prepare the transcripts and translations of the words on the tape because the words had to first be translated into Urdu which is the Official language of Pakistan. At the trial, one of the issues was whether the tape recording and the transcript translations should have been admitted in evidence. Court held that evidence of a tape recording was in the circumstances admissible the trial judge having properly warned the jury of the caution with which they should consider the translations. That the translations were properly admitted despite the difficulties of language and that the recorder was in substance a mechanical eavesdropper and the judge had

Jurisdiction, who gets what?
Gabraille Driscol
American InterContinental University
CRJ215-1204D Dr. Gwenda Hawk
Abstract
Who gets what when it comes to jurisdiction, how do you tell if it’s a state matter or a federal matter? Whether state or federal there are strict jurisdictions that both state and federal has to follow. From subject and personal jurisdiction, to the three types of personal jurisdiction. Each court has set boundaries that govern their rights. Without these rights there…

Shoes Casebook
Define the process you will use and address the following assessed classroom discussion questions:
What procedures will be used to collect accounting evidence?
What sampling tools and techniques will be used for the examination?
How will you use analytical and inferential tools to evaluate accounting evidence?
Submit your assignment to the facilitator.
Note. APA formatting is not required for this assignment. Use a title and reference page where appropriate. Consider…

Memorandum
To:
From:
Date: 08/31/2012
Re: Laws of Evidence Assignment #2
Statement of Assignment
You have asked me to analyze and determine whether the evidence that prosecution would like to introduce at trial can be admitted based on the Federal Rules of Evidence. Pursuant to your request, this memo includes my analysis, reasoning, and conclusions regarding the admissibility of such evidence.
Statement of Facts
The defendant was prosecuted for the murder of his wife. The victim’s body…

Law of Evidence: R v Kearley
Essentially this piece concerns whether the House of Lords correctly
decided the case of R v Kearley[1]. The majority decided allowing the
appeal, that the evidence concerned in this case was either
irrelevant, and therefore inadmissible (unless part of the res gestae)
or was inadmissible as hearsay in the form of an implied assertion.
The facts of Kearley will be discussed, followed by an analysis of the
decision by their Lordships, finally…

CARDIFF BUSINESS SCHOOL | PURCHASING POWER PARITY AND THE LAW OF ONE PRICE |
Against all odds
Despite being severely criticised for more than three decades the Purchasing Power Parity and its building block - the Law of One Price still play vital role in economics
Introduction
Would you believe in the law of gravity if quite often objects that should stay firmly on the ground were instead flowing weightlessly in the air even though they were not supposed to? Probably not. However, if physicians…

Historical Development of Police Agencies and Their Jurisdictions:
An Analysis
Man is cruel and competitive. For these reasons, man often times wrongs others in society. And for this reason, it is necessary to have a law enforcement agency, whether local, state-based, or federal. In the absence of the rule of law, society would not be able to function, and man must make a pact that, in order to live and be protected within society, he must obey these laws. Police agencies often times serve as the frontline…

II
“Civil Court has Inherent Jurisdiction to take cognizance of all dispute of Civil Nature except when barred.”
-Siddhesh S Pradhan
-241
-Division C
-BBA LLB Year 4
INTRODUCTION
Jurisdiction means the power or authority of a Court of law to hear and determine a cause or matter.[1] It is the power to entertain, deal with and decide a suit, an action, petition or other proceeding.[2] In Smt Ujjambai v. State of UP[3] it was stated that exclusion of jurisdiction means prevention or prohibition…

homosexuality.
When it comes to Ugandans laws, homosexuality is a crime itself and law punishes homosexuals very harshly. In October 2009, the anti-homosexuality bill was published in Uganda by David Bahati, a Ugandan politician, and the law was signed very recently in February 2014. The law prohibits any practice of homosexuality whether if it was related to marriage, regular relationships, or promotions of such issues or any other matter related to it. According to the law, gay sex, living in same sex…

the past. The Federal Government began intrude onto Indian Land. In 1817 the U.S passed the General Crimes Act1, whcih gave the Federal Government jurisdiction in Indian Country when a crime was commited if either the victim or derfendent was a non-Native. Then, in 1885, the U.S passed the Major Crimes Act2 which gave the Federal Government jurisdiction in Indian Country over major crimes, such as murder, when the defendent was a Native.
The Major Crimes Act was enacted in 1885 as a response to…

PRESUMPTIONS IN THE LAW OF EVIDENCE
Introduction
As a general and fundamental rule in the law of evidence, facts on which a court can base its decision in any proceedings must be proved to exist by evidence.
Nevertheless, the proof of the existence of some classes of facts is dispensed with. Such facts include: facts presumed, facts admitted for the purpose of trial and facts judicially noticeable. This research work basically deals with facts presumed i.e. presumptions.
In the course of discussion…